Tort - General Negligence - Duty of Care Cases Flashcards Preview

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Flashcards in Tort - General Negligence - Duty of Care Cases Deck (18)
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1

Baker v Hopkins

Established duties of care - rescuers

Where a defendant's actions have created a dangerous situation so that it is reasonably foreseeable that someone may attempt a rescue, the defendant owes a duty of care to the rescuer.

2

Nettleship v Weston

Established duties of care - drivers

Drivers owe a duty of care to pedestrians and passengers

No allowance made for experience of driver.

3

London Passenger Transport Board v Upson

Established duties of care - drivers

Road users owe a duty of care to other road users

4

Kent v Griffiths

Established duties of care - Ambulance service

Ambulance services owe a duty of care to emergency callers once the request has been accepted.

5

Barrett v Ministry of Defence

Drunk army person died

Once one person has assumed a responsibility over another person, a duty of care will be owed to that person.

6

Bourhill v Young

Miscarriage from shock of seeing traffic accident

Where it is not foreseeable that D's actions will affect C, not duty of care owed despite negligence

7

Donoghue v Stevenson

Ginger beer case

Individuals must abide by the 'neighbour principle' - must take reasonable care to avoid acts or omissions which you can reasonably foresee causing harm neighbour

Manufacturer's liability for defective products - owes customer a duty of care

8

Hill v Chief Constable of West Yorkshire

Police failure to capture murderer

Police owe a duty of care to the public at large, not to an individual.

9

Brooks v Commissioner of Metropolitan police

No duty of care owed by police to individuals.

10

Osman v UK

Stalker turned killer

English courts: Police owe no duty of care to individuals

ECHR: A positive obligation to prevent death arises where authority knew, or ought to have known, of the existence of a real and immediate risk to life.

11

Kirkman v Chief Constable of Greater Manchester

Police will owe a duty of care to an individual where there is a close proximity e.g. when individual is incarcerated

Defence of consent does not apply where claimant is not of sound mind.

12

Swinney v Chief Constable of Northumbira Police

Duty of care to informants

Once police accept information from informants, knowing of its confidential and sensitive nature, they have assumed a responsibility to deal with the information in an appropriate manner and owe informants a duty of care.

13

Stovin v Wise

Highway authority failing to sort out a dangerous road junction

There is no liability for omissions, no duty owed to the world.

14

East Suffolk Rivers Catchment Board v Kent and Another

Flooded land - delayed barriers

If a person decides to act where they had no duty to do so, no duty will be owed unless they make the situation worse.

15

Caparo Industries plc v Dickman

Duty of care - three stage test

1. damage reasonably foreseeable
2. proximity between C and D
3. "Fair just and reasonable" to impose a duty

16

Home office v Dorset Yacht club

Trainees escaped supervision and damaged yacht

Where a person has some sort of power or control over another person or object, they will have a duty to act positively.

17

Smith v Littlewoods Organisation Ltd

Unattended cinema vandalised

A positive duty to act does not extend to third parties outside of the defendant's control.

18

Vowles v Evans

Established duty of care between referee and sports player